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<br />fOil <br /> <br />f02A <br /> <br />"-"7"-- U -/;r- <br />DEPA, I~NT OR AI ;ENCY NlJMBt::R <br />34-04-00 <br />CONTf{A(T ROUTING NLIMBER <br />4986 <br />$280,000 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this 1 st day of September <br />State of Colorado for the use and benefit of the Department Of'l Natural <br />(r.n1nrado Watpr r.on~ervation Board) <br />hereinafter referred to as the State, and'2 Town of Hayden. <br />P n Rox 1QO, Hayden, r.o1orano 81639 <br />hereinafter referred to as the contractor, <br /> <br />1971.., by and between the <br />Resources <br /> <br />WHEREAS, authority exists in the Law and Funds have been budgeted. appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 4008 , <br />G/L Account Number 1)70?7 . Contract Encumbrance Number1 'illhl ; and <br /> <br />WHEREAS, required approval. clearance and coordination has been accomplished Crom and with appropriate <br /> <br />age"d:~:":EAS. ., pursuant to Title 37 Mttff~t~'color:ado Revised <br />Statutes 1973, as amended, the Sta~~Fth~" ~h Jhe Color:ado Water <br />Conservation Board, may const~t wa ~~ r ~~urc'~projects and make <br />the waters available t fr:o, the'~si ~t of the State of <br />Colorado upon cond' n b, 'de:te=ilil,'<i,~ >'the Colorado Water <br />Conservation Board; ~~~~ <br /> <br />WHEREAS, the Con ctorl~ a duly constituted incorpor:ated town <br />of the State of Colora nd wishes to undertake constr:uction of a <br />domestic water system, e"reinafter called the project, for the Hayden <br />community in Routt County, Colorado, at an estimated total cost of <br />Five Hundred Eighty Thousand Dollar:s ($580,000); and <br /> <br />WHEREAS, the par:ties her:eto have jointly conducted a ~easibility <br />investigation of said project and have found that such a project is <br />economically feasible; and <br /> <br />WHEREAS, the State, through the Color:ado Water: Conservation Boar:d, <br />has agr:eed to constr:uct said pr:oject and sell the same to the Con- <br />tractor upon mutually agreeable terms and conditions, subject to the <br />approval of appr:opriations for that purpose by the Color:ado General <br />Assembly and the Governor: of the State of Colorado; and <br /> <br />WHEREAS, pur:suant to Senate Bill No. 35, Fifty-Fir:st General <br />Assembly of the State of Colorado, duly enacted by the Color:ado General <br />Assembly and approved by the Governor: of the State of Color:ado, ther:e <br />was appr:opriated to the Color:ado Water: Conservation Board the sum of <br />Thr:ee Hundred Thousand Dollar:s ($300,000) for constr:uction of the <br />Hayden pr:oject of which $280,000 is being advanced pursuant to this <br />contract; and <br />WHEREAS, pursuant to Senate Bill No. 581, Fifty-Fir:st General <br />Assembly of the State of Colorado, duly enacted by the Colorado General <br />Assembly and approved by the Governor of the State of Color:ado, there <br />was appr:opriated to the Office of the Governor, Oil Shale Lease Funds, <br />Oil Shale Distr:ibutions, Routt County, Hayden Water: System Reconstr:uc- <br />tion, the sum of the lesser: of Two Hundred Eighty Thousand Dollars <br />($280,000) or fifty percent (50%) of total cost. <br /> <br />NOW THEREFORE, in consider:ation of the mutual and dependent <br />covenants herein contained, it is agreed by the parties hereto as <br />follows: <br /> <br />A. Contr:actor: agrees that it will: <br /> <br />1. Cause said pr:oject to be constructed within two year:s of the <br />date of this contract in accordance with the project plans and <br />specifications and any necessary modifications thereof prepared <br />by it as appr:oved by the State, unless such time is extended by <br />the State or unless such time is insufficient because of acts of <br />God or other acts or: failur:e to act beyond the control of the <br />Contractor. <br /> <br />Page I of -5-- pages <br />*(See in5trllcrions on reverse o[ la"~t page.) <br />